I am about to use the Income Damages Calculator for the first time. What steps should I take to ensure that I get the best results?

Prior to proceeding with an actual calculation, we highly recommend that you review the related online documentation and demonstration that is available on our website. This will give you a general idea of how the calculator works and what you can expect. Additionally, you can work through each input screen of the calculator without making a purchase -- simply close the window when you get to the Purchase Agreement screen. On every input screen there are online help buttons specific to the inputs being requested. This will give you an idea of the inputs you need to provide in order to complete a calculation.

Is there a fee for using the Income Damages Calculator?

There is a fee charged for using the Income Damages Calculator. You have the choice of purchasing a past loss report OR a past and future loss report. The fee charged will vary accordingly. The fee is paid using a Visa credit card.

Once you've purchased a report generated by the Income Damages Calculator, you can use the Income Damages Calculator to generate additional economic scenarios for that same claimant file at no additional charge. The additional scenarios must be run at the time of purchase or within 1 year from the date of the initial purchase.

Which browsers does the Income Damages Calculator work with?

The Income Damages Calculator (IDC) works in mainstream browsers such as Internet Explorer, Chrome, Safari, etc. from devices with a physical mouse and keyboard. The IDC has not yet been updated to support all touch devices, so use of the IDC via a touch device is NOT recommended at this time.

Additionally, Adobe® Reader® must be installed on your PC for viewing and printing the generated PDF report.

Each province's legislation is unique. Which provinces does the Income Damages Calculator support?

The Income Damages Calculator adjusts its required inputs and resultant calculations based on the Province of Residence. All provinces, except Quebec, are supported.

Claims relating to a motor vehicle accident

For claims relating to a motor vehicle accident, the calculations are in accordance with the selected province's regulations.

Alberta

Incidents after January 26, 2004

Loss is calculated using after-tax, net income

EI and CPP contributions are deducted

Income Continuation Benefits (LTD, CPP, etc.) are deducted

Incidents on or before January 26, 2004

Loss is calculated using before-tax, gross income

Income Continuation Benefits are considered collateral (i.e. not deducted) before this date

British Columbia

Incidents after June 17, 1997

Loss is calculated using after-tax, net income for the pre-trial loss period

Loss is calculated using before-tax, gross income for the future loss period

Income Continuation Benefits are considered collateral (i.e. not deducted) before this date

All other provinces / territories

Loss is calculated using before-tax, gross income

Income Continuation Benefits are considered collateral (i.e. not deducted) before this date

Claims NOT relating to a motor vehicle accident

If the claim does NOT relate to a motor vehicle accident, the loss is calculated using before-tax, gross income, regardless of the province or date of incident specified. The inputs requested and the report generated are automatically adjusted to reflect your selection.

Should I use my claimant's legal name as the File Reference Number?

No. Do NOT use your claimant's legal name as the File Reference Number. Instead, we recommend that you specify your office's file reference number for that particular claimant. This ensures that your claimant's information is not associated with your claimant's legal name, thereby maintaining their privacy.

What is the difference between a first time calculation and a revised calculation?

The Income Damages Calculator has been designed to support the way in which individual claimant files evolve over time. When a claimant file is first opened, certain information is available. As time progresses, some of the initial assumptions may change. Additionally, it is often desirable to generate alternate scenarios.

A first time calculation is the initial purchase associated with a single claimant file.

A revised calculation is a modification to the economic parameters of the initial claimant file at a later date. This can be accomplished using the Income Damages Calculator at no charge within 1 year of the initial claimant file purchase.

Alternate scenarios are any additional calculations that you wish to perform against the original claimant file. Alternate scenarios can be generated at the time of purchase or within 1 year of the initial claimant file purchase.

For my claimant file, there are multiple scenarios. Can I generate multiple scenarios for a claimant using the Income Damages Calculator?

Yes. Once you've purchased a report generated by the Income Damages Calculator, you can use the Income Damages Calculator to generate additional economic scenarios for that same claimant at no additional charge. The additional scenarios can be run at the time of purchase or within 1 year from the date of the initial purchase.

I am revising a calculation for a previously purchased report. I am not able to change the Date of Incident. Why is that?

The Income Damages Calculator treats the Client Information inputs (File Reference Number, Date of Birth, Date of Interruption, Date of Valuation, Province of Residence and Gender ) that you provide as the basis for a particular claimant file. Except for the Date of Valuation and File Reference Number, the Client Information fields cannot be modified when revising a calculation. Once you have purchased an Income Damages Calculator report, you can modify the economic parameters, the File Reference Number and the Date of Valuation for that claimant at no additional charge; however, the other Client Information fields will not be modifiable.

If you need to modify the other Client Information fields, it is assumed that you are working on a new claimant file and you will have to make a separate purchase.

Although my payment was accepted, I accidentally closed the summary window before printing the generated report. How do I get a printed copy of my report?

If you are unable to print a report for which you've paid, you can always do so within 1 year from the date of the initial purchase. Simply follow the instructions in Detailed Instructions for a Revised Calculation without varying your original inputs.

If I paid for a Past Loss Calculation, can I get a Past and Future Loss Calculation for the same claimant file at a later date?

If you purchased a past loss calculation, you can generate additional past loss economic scenarios for that same claimant file at no additional charge for 1 year from the date of purchase.

If, within the 1 year period, you want to generate past and future loss economic scenarios for a claimant file for which you paid for a past loss calculation, you will be required to pay the difference between the cost of a past loss calculation and a past and future loss calculation.

When payment is received, you will be issued a new purchase receipt and order number reflecting the purchase of a past and future loss calculation.

For example, Joe runs a claimant file in March and purchases a past loss calculation. In April, Joe decides that he requires a past and future loss calculation for that same claimant file. Using the Income Damages Calculator he retrieves the relevant claimant record using the Order Number that he received on his initial purchase. He proceeds to the Purchase Agreement screen of the Income Damages Calculator where he selects the option of purchasing a past and future loss calculation. The price for the past and future loss calculation will have been discounted to account for the fact that Joe has already paid for a past loss calculation and is within the 1 year period for adjusting the original claimant information. Joe proceeds with the purchase of the past and future loss calculation. He receives a purchase receipt with a new order number. If he wishes to subsequently modify this claimant file within the 1 year grace period, he should do so using the new order number that reflects the purchase of a past and future loss calculation.

I entered the wrong Date of Incident in the input form. I did not notice this until I had paid for the report. What should I do?

Except for the File Reference Number and Date of Valuation, the fields of the Client Information form of the Income Damages Calculator are not alterable once you have paid for the transaction. These unalterable fields include the Date of Birth, Date of Interruption, Province of Residence and Gender.

If you made an error in one of these fields and did not notice until after you had paid for the transaction, please contact us so that we can assist you. We will require a copy of your "Purchase Receipt".

I tried to generate additional scenarios at a later date, but was told the "Order Number" was invalid. It's been less than 1 year since the initial report was purchased? What should I do?

Check that the "Order Number" that you entered is the same as the "Order Number" that was issued to you on your "Purchase Receipt". The "Order Number" is associated with one and only one claimant file. Check that the Date of Birth you entered is correct for that particular claimant file. If they are correct and you still cannot proceed, please contact us so that we can assist you. We will require a copy of your "Purchase Receipt".

I purchased an Income Damages Calculator report in March, but did not print it at the time. In May I regenerated the report without revising any of my original inputs, but the results looked slightly different from the results of the March run. Why is that?

The Income Damages calculator uses certain statistical data (mortality rates and disability rates) and tax data for its calculations. These data are typically updated on an annual basis and you will automatically get the latest data.

All updates to the Income Damages Calculator are recorded in the Announcements page of the website.

Why would someone use the Income Damages Calculator?

The Income Damages Calculator is available 24 hours a day, 7 days a week and provides an alternative for those situations that do not immediately require a "court-ready" report or the direct involvement of a forensic economist. Situations for which the Income Damages Calculator may provide value to you, include:

To advise a claimant on his/her expected pecuniary claim from an interruption to his/her career or earnings path

If an insurer, to determine exposure on an income loss claim due to accident

To include estimates in a reporting letter to a claimant prior to paying for a "court-ready", full-blown expert report

To "run" several different scenarios, modifying various parameters

In preparation for mediation or settlement when parameters are decided upon and close-to-final estimates are needed

When estimates are needed in a "rush" for reporting purposes or settlement purposes, because the calculator is available 24/7

Is the report generated by the IDC "court-ready"?

No. The report is not signed by an expert. Also, it does not necessarily reflect the plaintiff's employment or income history prior to the interruption, so likely is not as tailored to the plaintiff as a "court-ready" report will be. The positive and negative contingencies may not specifically reflect the plaintiff's employment and/or labour force attachment, or, for instance, modified life expectancy.

Nevertheless, the IDC results are backed by the reputation of Brown Economic Consulting Inc., whose principal, Cara Brown, has authored or co-authored approximately 10,000 assessments over the past 25 years and has testified more than 130 times across Canada (in almost every province and territory) and in the US. Because of this, the same data for income sources and contingencies that are relied upon in "court-ready" reports are used in the preliminary loss estimates.

The text authored by Ms. Brown, and published by Canada Law Book, called "Damages: Estimating Pecuniary Loss" is used as the reference point regarding many court decisions overseeing damages and as the source for principles underlying damages quantification.

What is the difference between a "court-ready" report and the Income Damages Calculator generated report?

An expert does not sign the Income Damages Calculator report.

The Income Damages Calculator generated report may not reflect the plaintiff's employment or income history prior to the interruption, and positive and negative contingencies may not specifically reflect the plaintiff's employment and/or labour force attachment, or, for instance, modified life expectancy. A "court-ready" report adds more data and detail about the plaintiff's human capital (education, employment experience, career aspirations) and explores additional scenarios that could have occurred in the absence of the incident ("without-incident") and follow medical or vocational opinions to determine the plaintiff's post-incident ("with-incident") career options.

A "court-ready" report combines the findings of other experts involved in the plaintiff's case that impinge upon the plaintiff's career path, both in the absence of the incident and since the incident.

A "court-ready" report may include evidence from the plaintiff's "Discovery" or "Questioning transcript" if it is prepared on behalf of the insurer.

A "court-ready" report will often include other heads of damage, such as housekeeping,1 cost of future care, and tax gross-up.2

A "court-ready" report is needed for fatality cases where damages are calculated for the surviving family members.3

A "court-ready" report can estimate damages for loss of insurability, loss of marriage benefit (or interdependent relationship), and loss of disability income.

A "court-ready" report is used in cases when inappropriate payment of shareholder compensation is alleged,4 or when someone is wrongfully accused or convicted of a crime s/he did not commit.

A "court-ready" report can assess the appropriate standard of living for cases litigated under the Family Relief Law Act using Statistics Canada's Survey of Household Spending

[1] For an on-line calculation of past and future loss of housekeeping damages, see Brown Economic's Housekeeping Damages Calculator ("HDC") at www.browneconomic.com > economic calculators > Housekeeping damages calculator.
[2] In jurisdictions where the economic loss calculations in the past loss and/or future loss period are based on after-tax incomes (BC, New Brunswick, Ontario and Alberta), a tax gross-up may be required to offset the interest income that will accrue on a lump sum award so it does not erode the original loss of income award.
[3] See Palmquist v. Ziegler (2010). Cara Brown testified on behalf of the Palmquist family.
[4] See, for instance, McRoberts v. Whissell 2005 ABQB 30. Cara Brown testified on behalf of the shareholder in this case and was able to prove using compensation data that he was properly remunerated given his duties and responsibilities.

What types of files can I use the Income Damages Calculator for?

At this time, the Income Damages Calculator estimates past and future loss of income for people whose careers have been interrupted for some type of incident. The incident could instigate an interruption in a person's career or earnings, and occur from a:

Motor vehicle accident;

Slip and fall;

Wrongful assault;

Sexual assault

Wrongful dismissal;

Wrongful imprisonment or confinement;5 or

Defamation.6

The IDC calculates the annual deficit between the "without-incident" and "with-incident" income from the date of incident to the date of trial or settlement (date of valuation), and adds pre-judgment interest (which varies by province); then calculates the present value of future losses from the date of valuation until retirement, or another ending age (using the mandated discount rate in each province, if applicable).

[5] For instance, Brown Economic Consulting's principal, Cara Brown, testified in the case of Leilani Muir v. Government of Alberta on the impact of wrongful confinement and sterilization; and quantified the damages for the Milgaard family when Mr. Milgaard was found to have been wrongfully imprisoned for 21 years.
[6] See, for instance, Wanda Young v. Leslie Bella, William S. Rowe and Memorial University of Newfoundland SCC 2006 3.